NH employers must provide state mandated spousal benefits for same-sex couples.

NH recently became the 6th state in the U.S. (5th in New England) to enact a same-sex marriage law. Although NH has had civil unions since 2007, the amended law does away with the civil union concept and defines marriage as “the legally recognized union of 2 people… regardless of gender.”

Civil unions will be fazed out on Jan. 1, 2011, and at that time automatically be converted to marriages.

If your business made changes to its HR policies to comply with the civil union law, then not much will change for you.

Both the civil union law and the gay marriage law provide to same-sex unions all the same rights and benefits provided to married couples under state law. These benefits include such things as workers compensation and bereavement leave.

Federally created rights, however, are a different story.

The federal Defense of Marriage Act of 1996 (DOMA), prohibited the extension of any federal benefits allowed to married couples to same-sex couples. Because of this, the passing of gay marriage in NH will not change any employer requirements under federal law for same-sex spouses, such as requirements of federal tax laws, ERISA, COBRA, the Family and Medical Leave Act, or social security benefits.

DOMA also permits other states to decline to recognize NH’s same-sex marriages.

After signing the Bill, Gov. Lynch expressed support for changing the federal marriage law to allow gay marriages.

NH’s law against discrimination, RSA 354-A, prohibits discrimination in employment because of someone’s sexual orientation or perceived sexual orientation. Sexual orientation was added to the Act in 1998.

For more information, contact Attorney Chris Ratté.

NOTICE: The information and articles posted on this website are for informational purposes only and are not intended as legal advice. Contact me to discuss your particular situation or consult a licensed attorney in your state.

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